Dear Editor, It is now over a month since the Cook Islands Herald generously allocated nine pages of its 7 May issue to expound my views on the subject “Are the 2001 Joint Centenary Declaration (JCD) and our posturing on the World Stage nullities”.

Despite the fact that I challenged the Cook Islands legal fraternity to seek amongst its members one of proven competency, and on behalf of the Cook Islands people for it is they who need help, to file the appropriate application in the High Court for a declaration that the JCD is ultra vires (invalid), has no force nor effect, and has been so ab initio (from inception) there has been no reaction from that quarter that I am aware of and, unless it is unreported, it would appear none either from Crown Law, nor any announcement what it intended to do.

One should have been able to rely on Crown Law, the respondent, and losing party, in the milestone 2024 Chief Justice’s judgment in the Friends of Fiji v Attorney-General case [2024] CKHC 5. Misc 737 of 2022 (7 March 2024) to have then recognised its public duty and examined the full scope and impact of that decision which found discrimination at a level tantamount to offending against constitutionally protected human rights and take the appropriate relevant further action.

There are, we are informed, at least 16 qualified lawyers staffing Crown Law whose boss is the Solicitor-General who has sworn to faithfully serve His Majesty in which capacity His Majesty, I am sure, would regard protecting the sanctity of our founding document, the Constitution, a fundamental duty.

And, there are something like 50+ legal practitioners in the Cook Islands so it would be foolish, and inconceivable, to subscribe to the notion that amongst their number my nullities arguments have not been scrutinised and at some point brought to the attention of the Solicitor-General and the President of the Law Society. Yet, we are hearing nothing.

Parliament has resumed, so even without accepting the wider implications of my arguments, one would have expected that obedience to the Chief Justice’s declaration would have seen the issue at least raised there before now it being over a year since that declaration was handed down.

The CIs News’ lead story on 23 May reported that the CIs Law Society had to no hesitation in submitting its view on the constitutionality of the Christian nation bid, probably because it was comfortable it was not hostile to Government’s own position. But when it comes down to something even more highly emotive, far reaching or contentious like the present issue, where, other than Norman, is it then?

And that unfortunately has been the trend. Our democracy and the protection of the rule of law flounder and encourage the authoritarianism we see increasingly today because the popular phrase – The only thing necessary for triumph of evil is for good men to say nothing – is so applicable here in the Cook Islands. How many times through the years have I levelled criticism at the legal fraternity for its fence sitting and timidity?

I listened with interest to Minister Elikana’s interview on Matariki FM. He acknowledged both Norman George’s and my letters but focused only on the secondary issue of integration with NZ and stayed right away from the core subject of the validity of the JCD. Can one assume that the question has come to the attention of Cabinet? One can but speculate on what the thinking is up there if it has.

So, Mr Editor, there is a story begging to be told here and what I suggest it needs is an intrepid investigative journalist to start pressing for answers. The CIs News with its greater reach is the appropriate medium to do that. The Cook Islands people are entitled to know whether the Cook Islands Constitution Act 1964, and in particular Section 5 thereof means what it says or whether the Cook Islands Government can vary the interpretation, and intent to suit its own agenda which agenda we have already seen engages with those volatile and threatening NZ citizen and UN membership proposals and imperils our association with New Zealand.

John M Scott.